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Document 02024R0386-20240119
Council Regulation (EU) 2024/386 of 19 January 2024 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
Consolidated text: Council Regulation (EU) 2024/386 of 19 January 2024 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
Council Regulation (EU) 2024/386 of 19 January 2024 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
02024R0386 — EN — 19.01.2024 — 000.001
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COUNCIL REGULATION (EU) 2024/386 of 19 January 2024 (OJ L 386 19.1.2024, p. 1) |
Corrected by:
Corrigendum, OJ L 90092, 8.2.2024, p. 1 ((EU) 2024/3862024/386) |
COUNCIL REGULATION (EU) 2024/386
of 19 January 2024
establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
Article 1
For the purposes of this Regulation, the following definitions apply:
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular:
a claim for performance of any obligation arising under or in connection with a contract or transaction;
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
a claim for compensation in respect of a contract or transaction;
a counterclaim;
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for that purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘funds’ means financial assets and benefits of every kind, including, but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents showing evidence of an interest in funds or financial resources;
‘territory of the Union’ means the territories of the Member States to which the Treaty on European Union (TEU) applies, under the conditions laid down in the TEU, including their airspace.
Article 2
Annex I shall include natural or legal persons, groups, entities or bodies:
supporting, materially or financially, Hamas, the Palestinian Islamic Jihad (‘PIJ’), any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
participating in the financing of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
participating in the planning, preparation or enabling of violent actions by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
supplying, selling or transferring arms and related materiel to Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
supporting, materially or financially, or implementing actions which undermine or threaten the stability or security of Israel, in conjunction with, under the name of, on behalf of or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
being involved or complicit in ordering or committing serious violations of international humanitarian law or human rights law on behalf or in the name of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivate thereof;
inciting or publicly provoking acts of serious violence by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
providing support to natural or legal persons, groups, entities or bodies engaged in activities referred to in points (a) to (g).
Article 3
By way of derogation from Article 2(1) and (2), the competent authorities may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of natural or legal persons, groups, entities or bodies listed in Annex I, and dependent family members of such natural persons, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted at least two weeks prior to the authorisation; or
to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.
Article 4
Article 2(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:
the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
international organisations;
humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;
bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs;
organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;
Member States’ specialised agencies; or
the employees, grantees, subsidiaries, or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.
Article 5
By way of derogation from Article 2(1), the competent authorities may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, group, entity or body referred to in Article 2 was listed in Annex I, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, group, entity or body listed in Annex I; and
recognising the decision is not contrary to public policy in the Member State concerned.
Article 6
By way of derogation from Article 2(1) and provided that a payment by a natural or legal person, group, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, group, entity or body concerned, before the date on which that natural or legal person, group, entity or body was included in Annex I, the competent authorities may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
the funds or economic resources will be used for a payment by a natural or legal person, group, entity or body listed in Annex I; and
the payment is not in breach of Article 2(2).
Article 7
Article 2(2) shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, group, entity or body referred to in Article 2 was included in Annex I; or
payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
Article 8
Natural and legal persons, groups, entities and bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2(1), to the competent authority of the Member State where they are resident or located, and transmit such information, directly or through the Member State, to the Commission; and
cooperate with the competent authority in any verification of the information referred to in point (a).
Article 9
Article 10
Article 11
No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
natural or legal persons, groups, entities or bodies listed in Annex I;
any natural or legal person, group, entity or body acting through or on behalf of one of the natural or legal persons, groups, entities or bodies referred to in point (a).
Article 12
The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:
funds frozen under Article 2 and authorisations granted under the derogations set out in this Regulation;
violation and enforcement problems and judgments handed down by national courts.
Article 13
Article 14
Article 15
Article 16
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Regulation. These tasks include:
as regards the Council, preparing and making amendments to Annex I;
as regards the High Representative, preparing amendments to Annex I;
as regards the Commission:
adding the contents of Annex I to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both publicly available;
processing information on the impact of the measures of this Regulation, such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 17
Article 18
Any information provided to or received in accordance with this Regulation shall be used only for the purposes for which it was provided or received.
Article 19
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board any aircraft or vessel under the jurisdiction of a Member State;
to any natural person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, group, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
to any legal person, group, entity or body in respect of any business done in whole or in part within the Union.
Article 20
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of natural or legal persons, groups, entities and bodies referred to in Article 2
A. Natural persons
|
Name |
Identifying information |
Statement of reasons |
Date of listing |
1. |
Abdelbasit Elhassan Mohamed Khair HAMZA |
DOB: 28.8.1955 POB: Sudan Nationality: Sudanese Passport no: 10100159792 (Sudan) Gender: male |
Abdelbasit Elhassan Mohamed Khair Hamza is a Sudan-based Hamas financier who manages companies in Hamas’ investment portfolio. Abdelbasit Elhassan Mohamed Khair Hamza has facilitated funds for Hamas through a network of companies, including, in particular, Al Rowad Real Estate Development and Al Zawaya Group for Development and Investment. Thus, Abdelbasit Elhassan Mohamed Khair Hamza participates in the financing of Hamas. |
19.1.2024 |
2. |
Nabil Khaled Halil CHOUMAN |
DOB: 1954 POB: Lebanon Nationality: Lebanese Gender: male Function: Founder and shareholder of the Chouman (Shuman) Group / Shuman for Currency Exchange SARL |
Nabil Khaled Halil Chouman is the owner of Shuman for Currency Exchange SARL, based in Beirut, Lebanon, which has been used to launder and transfer money to Hamas, including from Iran. The sums of money transferred to Hamas through Shuman for Currency Exchange SARL are estimated at tens of millions of USD. Thus, Nabil Khaled Halil Chouman participates in the financing of Hamas. |
19.1.2024 |
3. |
Khaled CHOUMAN a.k.a. Khaled SHUMAN |
DOB: 2.4.1987 POB: Lebanon Nationality: Lebanese Gender: male Function: Money Changer at the Chouman (Shuman) Group / Shuman for Currency Exchange SARL |
Khaled Chouman works as a money changer for Shuman for Currency Exchange SARL, a company owned by his father and based in Beirut, Lebanon. The company has been used to launder and transfer money to Hamas, including from Iran. The sums of money transferred to Hamas through Shuman for Currency Exchange SARL are estimated at tens of millions of USD. Thus, Khaled Chouman participates in the financing of Hamas. |
19.1.2024 |
4. |
Rida Ali KHAMIS (رضا علي خميس) a.k.a. Reda Ali KHAMIS |
►C1
|
Rida Ali Khamis is involved in currency exchange enabling the laundering and transfer of money to Hamas, in particular through the companies Shuman for Currency Exchange SARL and Al-Wasata SARL. Thus, Rida Ali Khamis participates in the financing of Hamas. |
19.1.2024 |
5. |
Musa Muhammad Salim DUDIN (موسى دودين; موسى محمد سالم دودين) a.k.a. Mousa DOUDIN; Mousa DUDIN; Musa DUDIN; Musa Muhammad Salim DODIN; Musa Muhammad Salim DOUDIN; Mussa DODIN; Mussa DUDIN |
DOB: 12.6.1972 POB: Dura, Hebron Nationality: Palestinian Gender: male Function: Member of Hamas political bureau |
Musa Muhammad Salim Dudin is a senior Hamas operative and member of the Hamas political bureau. In this capacity, he has frequently made public statements on behalf of the organisation. Furthermore, as a member of the Hamas investment office, he has been involved in financing operations for the organisation. Thus, Musa Muhammad Salim Dudin participates in the financing of Hamas. |
19.1.2024 |
6. |
Aiman Ahmad AL-DUWAIK a.k.a. Aiman Ahmad R AL-DUWAIK; Aiman Ahmad Rashed AL-DUWAIK; Ayman AL-DUWAIK |
DOB: 24.9.1962 Nationality: Jordanian Gender: male Function: CEO of Sidar Company, CEO of Anda Turk |
Aiman Ahmad Al-Duwaik is an Algeria-based financier for Hamas who helps run the organisation’s overseas investment portfolio. In particular, he is the CEO and a shareholder of the Algerian company Sidar, the CEO of Turkish company Anda Turk, a shareholder of the Sudan-based company Al Rowad Real Estate Development, and a member of the board of directors of construction company Uzmanlar Co. These companies are part of Hamas’ international financing network. Thus, Aiman Ahmad Al-Duwaik participates in the financing of Hamas. |
19.1.2024 |
ANNEX II
Websites for information on the competent authorities and address for notifications to the Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
https://fau.gov.cz/en/international-sanctions
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/sanktsioonid-ekspordi-ja-relvastuskontroll/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://smb.gov.mt/
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue Joseph II 54
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu
( 1 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
( 2 ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
( 3 ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
( 4 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).